There is hereby
adopted and incorporated by reference, for the purpose of establishing rules
and regulations for the construction, alteration, removal, demolition,
equipment, use and occupancy, location and maintenance of buildings and
structures, the International Building Code, 2009 Edition, as recommended by
the International Conference of Building Officials, such code being made as a
part of the ordinances and code of the city as if the same had been set out in
full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009
through 12-3012 including any amendments thereto. No fewer than three (3)
copies of the International Building Code, 2009 Edition, shall be marked or
stamped “Official Copy as Incorporated by the Code of the City of Mount Hope,”
and shall be filed with the city clerk to be open to inspection and available
to the public at all reasonable hours of business.

(a)This and other articles of the city relating
generally to building and structures shall be administered and enforced by the
mayor.The mayor shall act as chief
building official and may assume the responsibilities of or with the consent
and approval of the governing body appoint a building inspector and such other
assistants as may be advisable for the issuance of building permits and the
inspection of building work.

(b)The building official shall prepare such
application, permit, inspection and record forms as may be required for the
purposes of the article.The building
official may make and promulgate the necessary rules and regulations to obtain
conformity with this article pertaining to the making of applications for building
permits, issuing of building permits and inspecting of buildings and building
works.

The mayor may assume
the responsibilities of or appoint some qualified officer or employee of the
city to be and perform the duties of building inspector as may be required,
subject to the consent and approval of the governing body.

(a)To enforce all regulations relating to construction,
alteration, repair, removal and demolition of building and structures;

(b)May permit, with the approval of the
governing body, on the basis of duly authenticated reports from recognized
sources, the use of new materials or modes of construction, not provided for in
this article, and may, for the purpose of carrying out the intent of this
article adopt an accepted standard of material or workmanlike practices of
federal or state bureaus, national, technical organizations or fire
underwriters;

(c)To examine all buildings in the process of
erection, construction, alteration or relocation in the city for the purpose of
determining whether the work is in compliance with the permit given and in
compliance with the regulations of the city pertaining to such work, including
zoning regulations; and;

(d)To keep comprehensive records of
applications, of permits or certificates issued, of inspections made, of
reports rendered, and of notices or orders issued.All such records shall be open to public inspection
during stated office hours, but shall not be removed from the office of the
building official without his or her written consent.

(a)To enter any building or structure or
premises at any reasonable hour, whether complete or in the process of
erection, to perform the duties contained in this chapter;

(b)To adopt and enforce all such prudent
emergency measures as he or she may deem necessary and expedient for the public
safety under the laws of the city;

(c)May cause any work done in violation of this
chapter to be discontinued until he or she shall have satisfactory evidence
that the work will be done in accordance with the building regulations of the
city, subject to the right of any builder or owner to appeal to the governing
body.

The building
inspector, or his or her agent, upon proper identification, shall have
authority to enter any building, structure or premises at any reasonable hour
to perform his or her duties as set out in this chapter.

(a)The governing body shall be the final
determiner of the scope and meaning of all provisions of the building code
which may be unclear, ambiguous, or requiring interpretation.

(b)The building inspector shall have power to
modify any of the provisions of the building code upon application in writing
by the owner or lessee or his or her authorized agent, when there are practical
difficulties in the way of carrying out the strict letter of the code.In approving modifications, the building
inspector shall see that the spirit of the code is observed, public safety
secured and substantial justice done.The particulars of a modification when granted or allowed and the
decision of the inspector thereon shall be entered upon the records of the
building inspector and a signed copy shall be furnished to the applicant.

It shall be unlawful
for any person to hereafter erect or cause to be erected within the city any
building or structure of any kind or enlarge or add to the outside dimension
thereof, or relocate any building or structure already erected or which may
hereafter be erected or remodel any building or structure within the city
without a building permit being first obtained therefor from the city clerk,
after approval by the chief building official or his or her duly authorized
assistant.The application for such
permit shall be made and the permit obtained before work is commenced upon any
building or structure or the foundation thereof, or before the removal of any
building begins.

(a)A building permit shall be issued upon an
application in writing to the office of city clerk on a form or forms provided
for the purpose.This application shall,
among other things, disclose the following:

(1)The name of the owner of the lot or tract of
ground;

(2)The location of the building or structure;

(3)The building work proposed;

(4)The outside dimensions of the building by
floors and dimensions of the basement (if any);

(5)The class of occupancy;

(6)The class of construction;

(7)The kind of materials to be used for walls,
floors, ceilings, roofs, and foundations;

(8)The estimated cost of the work;

(9)The date work will commence;

(10)Expected date of completion;

(11)Name and address of contractor or contractors
doing the work;

(12)Such other information as may be pertinent to
the issuance of the required permit.

(b)An application for a building permit shall be
signed by the owner or his or her duly authorized agent, or a building
contractor licensed by the city. If the application is made by the owner or his
or her agent, it shall contain the name or names of the licensed contractor or
contractors doing the work described, or a building permit may be issued to the
owner upon his or her application disclosing satisfactory evidence that the
proposed work will be performed by the owner, himself or herself and not by a
licensed contractor, and likewise subject to the final approval of the building
inspector for work performed.

(c)Upon approval of the completed application
and a determination that a permit should be issued, the chief building official
or his or her assistant shall issue a permit to the owner or contractor
authorizing the building work covered by the application.

(d)Any permit issued under this section shall be
valid and subsisting for a period of not more than six months from the date of
issuance unless the permittee shall have commenced, within the period so
limited, the building work authorized by such permit.Building work commenced for the purpose of
this section shall mean the beginning of building work other than the
preparation of plans or the staking out of the building location or the letting
of a building contract.

Whenever an
application for a building permit is made, the chief building official may, if
he or she finds it necessary to determine whether building work described in
the application will comply with the laws pertaining to such work, require that
the applicant file a written description or drawing of the proposed building as
may be prepared for the purpose.If such
drawing or description is insufficient for the purposes of determining whether
a permit should be issued, the building official may require the applicant to
file complete architectural and engineering plans and specifications for such
building, or any part thereof, as may be necessary for the inspector to
determine compliance with this article. The filing of such plans and
specifications and the approval thereof in connection with an application for a
permit shall not in any way affect the authority of the city to deny or issue a
permit, or to inspect any building work for conformity with this article.

The building permit
fee is $.06 per square foot of new and/or added construction area or $10
minimum whichever is greater. The fee herein shall be paid to the city clerk
upon obtaining a building permit and the same shall be credited to the general
operating fund of the city.

A copy of the building
permit shall be kept on the premises for public inspection during the
performance of the work and until the completion of the same.The building inspector may require a
certified copy of the approved plans to be kept on the premises at all times
from the commencement of the work to the completion thereof.

Upon the completion of
any work under a building permit, the chief building official, the building
inspectoror his or her designee is
authorized to issue a certificate of approval for the occupancy and use of the
building or structure.The certificate
shall show the number of inspections made and the orders and corrections
required during the course of the work.A copy of such certificate shall be given the owner.

(a)The contractor or builder having a permit for
new construction, or additions to existing buildings, shall notify the chief
building official or building inspector immediately upon the marking or laying
out of the site and foundation for such work.The official or inspector shall inspect the layout for conformity with
this article and with respect to lot lines, setbacks and location of the
proposed buildings to determine conformity with the city zoning
regulations.In case of doubt respecting
the required location, the chief building official may require an official
survey of the lot lines to determine conformity, at the expense of the permit
holder.

(b)Upon completion of the excavation for the
building foundation and footings and the construction of the necessary forms
thereof and before the foundation and footings are poured or laid, the official
or inspector shall be notified as in the first case, and it shall be his or her
duty to inspect all such work for conformity with laws respecting location of
the building foundations and footings.

(c)The building inspector shall during the
course of all building make such other inspections as may be directed by the
chief building official to be made during any successive stage of the
construction or other work covered by a permit in order to secure compliance
with laws pertaining thereto.

Upon the completion of
any building construction work covered by this article, it shall be the duty of
the person doing such work to notify the building inspector and request that it
be inspected; after which such work shall be inspected promptly as hereinafter
provided.

(a)A builder or building contractor for purposes
of this article shall be any person, firm, co- partnership, corporation,
association, or any combination thereof, whether a resident or not of the city:

(1)Who or which undertakes with or for another,
for a fixed sum, price, fee or any compensation other than wages, to build,
construct, alter, repair, add to, wreck or move any building or structure (or
any portion thereof), or any sidewalk, driveway entrance or structure in any
street, or any advertising sign, panel poster or billboard, or any other
structure, in the city, for which a building or construction permit may now or
hereafter be required by the laws of the city; or

(2)Who or which advertises or represents
himself, herself, or itself to the public to have the capacity or ability to
undertake, or submit a bid or offer to build, construct, alter, repair, add to
or wreck, remove, restore or replace any building, structure or construction
work or any portion thereof; or

(3)Who or which builds, constructs, alters, adds
to or wrecks any buildings or structures either on his or her own or other
property for purposes of sale or speculation.

(b)A builder or building contractor as defined
shall not mean or include:

(1)Any subcontractor working under the
supervision of a general contractor; or

(2)Any plumbers, gas fitters, electricians, or
other specialized occupation for which special licenses or bonds are required
by other city laws; or

(3)Any owner or his or her authorized agents or
employees making ordinary repairs to his, her or its own building or structure
not involving the structural parts of the building for which a permit is not
required or on which a contractor, as defined, is not required, employed or
engaged to perform; or

(4)Any property owner personally performing any
improvements, alterations or building construction within or upon his or her
own residence and intended for his or her own personal use and permanent
occupancy; provided, the owner shall satisfy the building official as to his or
her ability to perform such work secure a permit, pay required fees, do work in
accordance with this article, and apply for an inspection and receive approval.Personal building construction by an owner
under this section shall be by himself, herself, for himself or herself on his
or her own residence, without compensation and no person shall be employed to
assist him or her in any way on such work except a builder or building
contractor licensed by the city.

(a)Each builder or building contractor shall
before entering upon any building or construction work subject to regulation by
city laws, apply to the city clerk for a builder’s or building contractor’s
license and receive the same as hereinafter provided and have in his or her
possession a valid license authorizing him, her or it to engage in the trade or
occupation of a builder or building contractor in the city.

(b)No permit for any building or construction
work shall be issued for any such work to be performed by a builder or building
contractor, as defined, who has not first obtained a license upon making a
proper application and payment of the license fee as required.

(c)It shall be unlawful for any person, firm,
company, association or corporation to enter into a contract or agreement with
another so as to bring himself, herself, or itself under the definition of
builder or building contractor herein, or to perform any work as a builder or
building contractor or any work under a contract for any work involving the
construction, wrecking or moving of any building, without first having obtained
a builder’s or building contractor’s license issued by the city.

(a)Application for a builder’s or building
contractor’s license shall be made upon a form to be supplied by the city which
shall disclose the name of the applicant, his or her place of business in the
city (and home office if a nonresident), the kind of contracting work engaged
in (as general contracting, roofing, siding, masonry, plastering, lathing,
excavating, waterproofing, metal work, foundation work, sign hanging, cement
work and painting and paper hanging, house wrecking or moving and the like),
the length of time engaged in such work and places where work has been
performed within the past two years.The
application shall be signed by the builder or building contractor or his or her
authorized agent.The applications shall
be, by the chief building official, referred to the governing body at its next
meeting for action thereon.Such license
shall be issued by the city clerk, upon payment of the fees hereinafter
provided after approval of the governing body.

(a)The following license fees shall be paid for
the calendar year or major fraction thereof:

(1)General Builder or Building Contractor, who
shall qualify to engage in more than one kind of contract work, except house
moving, the sum of $_______;

(2)Limited Builder or Building Contractor, who
shall qualify to engage in not more than one kind of contract work, the sum of
$_______;

(3)House Wreckers or Movers, the sum of
$_______;

(4)Sign Hangers and Panel Posters, the sum of
$_______.

Any license issued on
or after July 1 of each year shall be issued upon payment of one-half the
annual license fee.

(b)Each such license shall set forth the kind of
contract work in which the licensee may engage.The licensee shall display his or her license at any place where he or
she may be engaged in contract work or produce the same on demand of any city
officer.All licenses shall be renewable
annually as in the case of an original license on or before the first day of
January of the year for which issued.

(c)It shall be unlawful for any person, firm or
corporation to contract for any kind of work covered by this article without
having a valid license issued by the city to perform such contracts.

(a)Before any license shall be issued, to any
builder or building contractor required by this article to obtain a license and
pay a fee to the city, the builder or building contractor shall secure and file
with the city clerk a good and sufficient corporate surety bond in the
principal sum of $5,000 conditioned that the principal named therein shall
faithfully and fully observe all laws of the city relating to the business or
occupation for which a license is desired and further conditioned to hold and
save the city harmless and free of claims for loss or damage to persons or
property, or from damage, injury or destruction of property belonging to the
city, resulting from, or arising out of, the negligence or failure of the
principal or any of his, her or its employees, agents, servants to use due care
or diligence respecting any opening or excavation made in, or adjacent to any
street, alley or public ground in the city, or any materials stored, placed or
used in any such places, or the operation or use of any vehicle, machinery or
equipment in the streets, alleys or public grounds in connection with the
business or occupation licensed. Each such bond shall be issued by a company
authorized to do business in the State of Kansas and shall be executed by an
agent of the company residing in the County of Sedgwick, Kansas and further
conditioned that in the event of cancellation or expiration that the company or
agent will give 10 days notice of such fact to the city clerk.Each such bond shall be approved as to form
by the city attorney and approved as to surety by the city clerk and the
approval thereof shall be endorsed on the bond by the city attorney and by the
chairperson of the council over their signatures.

(b)Each bond shall be dated to run from the
first day of any license issued by the city to the principal and may cover a
period of not to exceed two years.No
bond shall be renewed by an extension certificate but a new bond shall be filed
by the principal for each successive period following the renewal thereof.The city reserves the right to furnish the
form of all surety bonds as may be required by this article.

In addition to
obtaining a corporate surety bond as required by section 4-222 of this article,
a builder or building contractor must procure and maintain a liability
insurance policy in the amount of $100,000 for the death or injury of any one
person and $300,000 for the death or injury of any number of persons in any one
accident and $50,000 for property damage in any one accident.Such policies of insurance shall be issued by
some insurance company authorized to do business in the State of Kansas.A builder or building contractor may qualify
as to the insurance requirements by filing a certificate with the city clerk
executed by the resident agent of such company stating that the required policy
of insurance has been issued by such company for the purpose required by this
article and that such insurer will not cancel the policy except upon giving 30
days notice in writing to the city; and that the certificate shall be filed for
an annual period beginning January 1 and ending December 31 of such year.

(a)The license of any builder or building
contractor may be suspended temporarily, for a period of not to exceed 30 days
at any one time, by the chief building official upon his or her own motion or
upon a complaint of the city building inspector.Notice shall be given in writing to such
builder or building contractor giving reasonable notice of a time of hearing of
the complaint or the matter alleged against such builder or building contractor
involving any one or more of the following:

(1)Misrepresentation of a material fact by
applicant in obtaining a license;

(2)Use of license to obtain a building permit
for another;

(3)Failure or neglect to observe conditions of
permit authorizing encumbering of streets or sidewalks for safety of public;

(4)Performance of any building or construction
work without a permit where one is required by law; or

(5)Willful disregard of any violation of the
building and construction laws, or failure to comply with any lawful order of
the city building inspector.

(b)Any licensee may within 15 days appeal in
writing to the governing body from any order of the chief building official
suspending his or her license for its final decision thereon.The governing body may upon such hearing
terminate such suspension within not more than 30 days thereafter, or may
revoke such license.If any licensee
shall be revoked, the builder or building contractor shall not be eligible for
a new license during a period of six months thereafter.No fee shall be refunded in event of the
suspension or revocation of any contractor’s license.

(c)It shall be unlawful to engage in the
occupation or trade of builder or building contractor during the time any
license of such builder or building contractor has been suspended or revoked.

Nothing herein
contained shall prohibit any property owner from personally performing any
building or construction work within and upon his or her own residence and
intended for his or her personal use and permanent occupancy; provided, the
owner shall satisfy the building inspector as to his or her ability to perform
such work, secure a permit, pay required fees, do work in accordance with this
article, and apply for an inspection and receive a certificate of
approval.Personal building or
construction performed by an owner under this section shall be by himself,
herself, for himself or herself on his or her own residence, without
compensation and no person shall be employed to assist him or her in any way on
such work except a builder or building contractor licensed by the city.

This article shall not
be construed to relieve from any liability or lessen the liability of any
person performing any activity connected herewith, nor shall the city be held
as assuming any liability by reason of any inspection authorized herein, by
reason of any certificate of inspection issued by it or by reason of any permit
or license granted herein.

If any section of the
Uniform Building Code or of this article shall be held unconstitutional or
otherwise invalid by any court of competent jurisdiction, then such section
shall be considered separate and apart from the remaining sections, the section
to be completely severable from the remaining provisions which shall continue
in full force and effect.